10-1. TOC and Section A (27).docx

TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS …………………………………………………A-1

SERVICES AGREEMENT ………………………………………………………….B-1

SCOPE OF WORK …………………………………………………………………..C-1

PAST PERFORMANCE SURVEY…………………...……………ATTACHMENT 1

TERMS AND CONDITIONS

SECTION I HUD TERMS & CONDITIONS ……………..………………………D-1

SECTION II PHA STANDARD TERMS & CONDITIONS ………………….....E-1

SECTION III PHA SPECIAL TERMS & CONDITIONS ……………….………F-1

EVALUATION CRITERIA ………………………………………………………....G-1

PROPOSAL FORM ………………………………………………………………….H-1

CERTIFICATIONS AND REPRESENTATIONS OF OFFERORS ………….…..I-1

AFFIRMATIVE ACTION PROGRAM …………………………………………….J-1

SECTION THREE PROGRAM …………………………………………………….K-1

INSTRUCTIONS TO OFFERORS

Preparation of Offers Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offeror’s risk.

Each offeror shall furnish the information required by the solicitation as indicated in the Statement of Work and “Required Tab (in the Bonfire sourcing program)” which is indicated in the software. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to PHA.

Offers for services other than those specified will not be considered.

If this solicitation requires proposing on all items, failure to do so will result in the proposal being rejected. If proposing on all items is not required, proposers should insert the words “NO PROPOSAL” in the space provided for any item for which no price is submitted.

Amendments to Solicitations If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

Offerors shall acknowledge receipt of any amendments to this solicitation by (1) signing and returning the amendment; (2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer. PHA must receive the acknowledgement by the time specified for receipt of offers.

Explanation to Prospective Offerors Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc. must request in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the Contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors.

Responsibility of Prospective Contractor PHA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must - Have adequate financial resources to perform the Contract, or the ability to obtain them;

Have a satisfactory performance record;

Have a satisfactory record of integrity and business ethics;

Have a satisfactory record of compliance with public policy (e.g., Equal Employment Opportunity); and Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for inspection at the PHA/HUD.

Before an offer is considered for award, the offeror may be requested by PHA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional information may render the offeror ineligible for award.

Late Submissions, Modifications, and Withdrawal of Offers Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it - Was not submitted electronically in Bonfire as of the close date and time.

Was sent by mail, or if authorized by the solicitation, and it is determined by the PHA that the late receipt was due solely to mishandling by PHA after receipt at PHA;

Any modification of an offer, except a modification resulting from PHA’s request for “best and final” offer, is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.

A modification resulting from PHA’s request for “best and final” offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by PHA after receipt at PHA.

The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

The only acceptable evidence to establish the time of receipt at PHA is the time/date stamp of PHA on the offer wrapper or other documentary evidence of receipt maintained by PHA.

The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. “Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to PHA will be considered at any time it is received and may be accepted.

Proposals may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn in person by an offeror or its authorized representative if the identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award.

Contract Award PHA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to PHA, cost or price and other factors, specified elsewhere in this solicitation, considered.

PHA may (1) reject any or all offers if such action is in PHA’s interest, (2) accept other than the lowest offer, (3) waive informalities and minor irregularities in offers received, and (4) award more than one contract for all or part of the requirements stated.

PHA may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint.

A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, PHA may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by PHA.

Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract.

Service of Protest Any protest against the award of a contract pursuant to this solicitation shall be served on PHA by obtaining written and dated acknowledgement of receipt from PHA at PHA Contracts Department, 2013 Ridge Avenue -4th , Philadelphia, PA 19121. The determination of PHA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protester.

An actual or prospective offeror who is aggrieved in connection with the solicitation or award of a contract may submit a protest. Protests based on the contents of the solicitation must be submitted prior to the date and time for receipt of proposals. Protests based on contract award must be made within seven days after the protestor knows or should have known the facts giving rise to the protest.

All protests shall be resolved in accordance with PHA’s protest policy and procedures, copies of which are maintained at PHA.

Offer Submission Offers and modifications thereof shall be submitted electronically in Bonfire (https://pha.bonfirehub.com/portal/?tab=openOpportunities), or in sealed envelopes or packages (1) addressed to PHA Contracts Department, 2013 Ridge Avenue -4th floor, Philadelphia, PA 19121, and (2) showing (on the face of the envelope) the time specified for receipt, the solicitation number, and the name and address of the offeror. One original hard copy, one (1) hardcopy, and one electronic copy of the Offer and modifications, including the required proposal forms, shall be submitted (on one or more flashdrives) in Microsoft Excel, Microsoft Word, and/or Portable Document Format (PDF) formats.

Telegraphic, e-mail, or facsimile offers, modifications, or withdrawals will not be considered unless authorized by the solicitation.

It is very important that the offer be properly identified on the face of the envelope as set forth above in order to insure that the date and time of receipt is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes identified as proposals and deliver them immediately to the appropriate contracting official, and only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity only through the routine mail delivery procedure.

Pre-Proposal Conference: N/A

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